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DECANA INC. v. CONTOGOURIS

55 A.D.3d 325 (2008)

865 N.Y.S.2d 72

DECANA INC. et al., Appellants-Respondents, v. SPYRO C. CONTOGOURIS et al., Defendants, and NORTH FORK BANK et al., Respondents-Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 2008.

The president and sole director of plaintiff Decana was properly found to have actual authority to mortgage corporate property (see Business Corporation Law § 911; Odell v 704 Broadway Condominium, 284 A.D.2d 52, 56-57 [2001]). Although a ruling in this respect was unnecessary, we note there was also apparent authority based on a corporate resolution and opinion letter of counsel. Since the real property used as collateral...

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